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ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE that the directive in the court's June 7, 2013 order directing payment of the filing fee from Plaintiff's inmate account 8 be SUSPENDED. The Clerk is DIRECTED to send a copy of this Orde r to the account clerk at the Elmore Correctional Facility. It is the RECOMMENDATION of the Magistrate Judge that: 1. Plaintiff's Motion to Dismiss 11 be GRANTED; 2. This case be DISMISSED without prejudice; and 3. No costs or fees be taxed in this case Objections to R&R due by 7/5/2013. Signed by Honorable Judge Terry F. Moorer on 6/19/2013. (jg, ) copy mailed to acct clerk at Elmore Corr. Facility.

OPINION AND ORDER: it is ORDERED and ADJUDGED that the 12 and 13 Recommendations of the Magistrate Judge be and are hereby ADOPTED, and Plf's 2 Motion for Preliminary Injunction and for Hearing be DENIED and Plf's 11 Motion to Dismiss be GRANTED and that this case is hereby DISMISSED without prejudice and that no costs or fees be taxed in this case. Signed by Honorable Judge Truman M. Hobbs on 10/31/2013. (wcl, )

FINAL JUDGMENT: it is ORDERED and ADJUDGED that judgment be and is hereby entered in favor of the Dfts and against the Plf, and that this action be and is hereby dismissed without prejudice; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Truman M. Hobbs on 10/31/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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